Have you been charged with drink-driving?
Think the police have the correct evidence against you?
Think again.
After several years defending motorists accused of driving with excess alcohol, and failing to provide a sample, I am constantly amazed at the poor evidence produced by the police and the Crown Prosecution Service (CPS).
I win a number of cases simply because the police fail to follow correct procedures. The breathalyser procedure at the police station must be carried out correctly. The police officer carrying out a breath test should complete what is known as an MGDDA booklet. This booklet, about 20-25 pages long is designed to help the police avoid mistakes. Additional booklets, known as MGDDB and MGDDC, are used (in addition to the MGDDA booklet) when blood or urine samples are taken.
Even a simple breach of procedure can result in the prosecution collapsing. You could be forgiven for thinking that any officer carrying out this procedure must be fully trained. In fact, not only do I regularly find a breach of the procedure but, surprisingly, the officer carrying out the breath test may not even be trained properly! In some cases the officer does not even know how to complete the MGDDA booklet.
The police force is now using special constables for various types of police duties, and this can include breath tests. Not being fully trained police officers, there can be even more chance of mistakes being made.
Consider below the question posed by a special constable who is unsure about the procedure for a breath test. (Note, s.5 simply refers to s.5 Road Traffic Act that sets out the offence of drink-driving.) All the comments below have been taken from the Police Specials own web site forum and is available for public access on the internet.
Some of the comments may surprise you. Worryingly, these people may be responsible for the evidence in your case!
If you have any concerns with your own case, please contact me and I will be pleased to discuss all the options open to you. My initial telephone conference is always free of charge. My office number is 0151 422 8020. My email is marcus@speedingsolicitor.co.uk. It does not matter where you live or where the alleged offence was committed because I represent clients throughout England and Wales.
Initial question posed by the officer
Responses from other officers
You may find it surprising that an untrained officer can be responsible for taking breath samples. The law books are full of cases where the police have been challenged as to the breath test procedure. Countless cases have been won by defence solicitors because of basic mistakes made by officers.
Did you note the comment from the officer who stated that he has never been trained other than being shown how to use the device by his tutor “donkeys years back”. He states: “I guess this loosely falls within “training” but I don’t have any training records”. Nonetheless, this officer is obviously proud that: “countless convicted drink drivers later I still use the machine and show others how to use it”.
A drink driving conviction can ruin your life. It is vital, therefore, that the evidence against you is thoroughly checked and, where necessary, challenged. If there has been a breach of procedure by the police then the case against you may collapse.
You may also be interested to read my other booklet on my recent drink drive case studies. This booklet provides real life examples of where the police went wrong. Please contact me at marcus@speedingsolicitor.co.uk and I will be pleased to send you a copy free of charge.
What have you got to lose?
Should you wish to discuss your own case, in confidence and without charge, please call me direct on 07810 804464.
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